83 FR 30887 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Haddock Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 127 (July 2, 2018)

This action closes the Gulf of Maine Haddock Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear. The closure is required because the common pool fishery is projected to have caught over 90 percent of its Trimester 1 quota for Gulf of Maine haddock. This closure is intended to prevent an overage of the common pool's quota for this stock.

[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30887-30888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14185]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XG318


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Gulf of Maine Haddock Trimester Total Allowable 
Catch Area Closure for the Common Pool Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; area closure.

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SUMMARY: This action closes the Gulf of Maine Haddock Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels 
fishing with trawl gear, sink gillnet gear, and longline/hook gear. The 
closure is required because the common pool fishery is projected to 
have caught over 90 percent of its Trimester 1 quota for Gulf of Maine 
haddock. This closure is intended to prevent an overage of the common 
pool's quota for this stock.

DATES: This action is effective June 29, 2018, through August 31, 2018.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, (978) 281-9232.

SUPPLEMENTARY INFORMATION: Federal regulations at Sec.  
648.82(n)(2)(ii) require the Regional Administrator to close a common 
pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 
percent of the Trimester TAC is projected to be caught. The closure 
applies to all common pool vessels fishing with gear capable of 
catching that stock, and remains in effect for the remainder of the 
trimester. During the closure, common pool vessels fishing with trawl 
gear, sink gillnet gear, and longline/hook gear may not fish for, 
harvest, possess, or land regulated multispecies or ocean pout in or 
from the Trimester TAC Area for the stock.
    The Trimester 1 TAC for Gulf of Maine (GOM) haddock is 26.3 mt 
(57,982 lb). Based on catch data through June 17, 2018, the common pool 
fishery is projected to have caught 29.4 mt (64,792 lb) of GOM haddock, 
or 112 percent of the Trimester 1 TAC. Effective June 29, 2018, the GOM 
Haddock Trimester TAC Area is closed for the remainder of Trimester 1, 
through August 31, 2018. The GOM Haddock Trimester TAC Area consists of 
statistical areas 513, 514, and 515. During the closure, common pool 
vessels fishing with trawl gear, sink gillnet gear, and longline/hook 
gear may not fish for, harvest, possess, or land regulated multispecies 
or ocean pout in or from this area. The area reopens at the beginning 
of Trimester 2 on September 1, 2018.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and crossed the VMS 
demarcation line prior to June 29, 2018, it may complete its trip 
within the GOM Haddock Trimester TAC Area. A vessel that has set its 
sink gillnet gear prior to June 29, 2018, may complete its trip by 
hauling such gear.
    If the common pool fishery exceeds its total quota for a stock in 
the 2018 fishing year, the overage must be deducted from the common 
pool's quota for that stock for fishing year 2019. Weekly quota 
monitoring reports for the common pool fishery are on our website at: 
http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch 
through vessel trip reports, dealer-reported landings, VMS catch 
reports, and other available information and, if necessary, will make 
additional adjustments to common pool management measures.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866. The Assistant Administrator for 
Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 
U.S.C. 553(d)(3) to waive prior notice and the opportunity for public 
comment and the 30-day delayed effectiveness period because it would be 
impracticable and contrary to the public interest.
    The regulations require the Regional Administrator to close a 
trimester TAC area to the common pool fishery when 90 percent of the 
Trimester TAC for a stock has been caught. Updated catch information 
through June 17, 2018, only recently became available indicating that 
the common pool fishery is projected to have caught 112 percent of its 
Trimester 1 TAC for GOM haddock. The time necessary to provide for 
prior notice and comment, and a 30-day delay in effectiveness, would 
prevent the immediate closure of the GOM Haddock Trimester TAC Area. 
This would be contrary to the regulatory requirement and would increase 
the magnitude of the Trimester 1 closure and the likelihood that the 
common pool fishery would exceed its annual quota of GOM haddock. Any 
overage of the Trimester 1 or Trimester 2 TACs are deducted from the 
Trimester 3 TAC, and any

[[Page 30888]]

overage of the annual quota would be deducted from common pool's quota 
for the next fishing year, to the detriment of this stock. This could 
undermine conservation and management objectives of the Northeast 
Multispecies Fishery Management Plan. Fishermen expect these closures 
to occur in a timely way to prevent overages and their payback 
requirements. Overages of the trimester or annual common pool quota 
could cause negative economic impacts to the common pool fishery as a 
result of overage paybacks deducted from a future trimester or fishing 
year.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: June 27, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-14185 Filed 6-29-18; 8:45 am]
 BILLING CODE 3510-22-P